Improving police and legal interpreting (JLS/2010/JPEN/AG) The belgian/flemish case Katalin Balogh Heidi Salaets

OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders Case : Antwerp (Lessius) Conclusions Recommendations

Directive 2010/64/EU ImPLI = pre-trial phase Article 2 (1): Suspected or accused persons who do not speak or understand the language of the criminal proceedings concerned are provided, without delay, with interpretations during criminal proceedings before investigative and judicial authourities, including during police questioning, all court hearings and any necessary interim hearings ImPLI = pre-trial phase

Directive 2010/64/EU Recital 17, 24 and 26: adequate linguistic assistance […] to exercise the right of defence and safeguarding the fairness of the proceedings. Member states should ensure that control can be exercised over the adequacy of the interpretation and translation When the quality of the interpretation is considered insufficient to ensure the right to a fair trial, the competent authorities should be able to replace the appointed interpreter

OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders Case : Antwerp (Lessius) Conclusions Recommendations

Belgium/Flanders: legal basis 3 official languages: Dutch, French , German Use of languages in court proceedings: language act of 15 June 1935 “court documents are drafted and justice is dispensed in a single language” justice in Fr/Du/Ge in the corresponding language areas 1 single language (from summons to the enforcement of the judgment) = language of the seat of the court 1 language in pre-trial phase

Belgium/Flanders: legal basis Language determined by the person being heard  right to use his mother tongue Sworn interpreter must be made available “Free of charge” = costs borne by the state

However … No legal provisions that clearly define “knowledge of the Dutch language”  WHEN a person is entitled to have an interpreter?? NO specific Belgian legislation governing court/sworn interpreters (Language act, Code of Criminal procedure, Civil procedure , European Arrest Warrant only mention the interpreter) profession of LIT (legal interpreters and translators) can NOT be regulated no sanctions possible for using the title of sworn interpreter improperly

OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders Case : Antwerp (Lessius) Conclusions Recommendations

Antwerp - Lessius GVT (= LIT) project = co-operation between court, police, bar association, Lessius/KULeuven Prof. Erik Hertog: pioneer dr. Katalin Balogh , dr. Heidi Salaets: responsibles 4 stages: 1 Entrance exam - admission 2 Training 3 Final exam 4 Inclusion on the list

1. Admission Dutch test Foreign language interpreting Foreign language translating : Dutch – foreign language Foreign language- Dutch

2. Training: five modules 1. Legal education and professional ethics Introduction to law Criminal law and code of criminal procedure Civil law, family law, juvenile law Ethics (impartiality, professional confidentiality, code of conduct…)

2. Training: five modules 2. Legal Dutch and terminology 3. Legal methodology and heuristic Search strategies for legislation, case law and legal doctrines Information technology

2. Training: five modules 4. Police module (! ImPLI) Police structure Role of the interpreter Special assignments (investigation of the crime scene, reconstruction, searches of premises, wiretap) Police hearings and techniques employed Role plays

2. Training: five modules 5. Court interpreting and translating Basic skills (attitude, stress, cultural differences, ...) Interpreting techniques (simultaneous, consecutive, whispered interpreting, sight translation) Translation techniques (linguistic analysis of legal texts, study of sources of law, terminology)

3. Final exams Written exam on legal issues (heuristic, knowledge of the legal system, terminology) Interpreting: Consecutive interpreting (short and long with notes) Whispered simultaneous interpreting Sight translation Translating: Translation of a legal text Dutch – foreign language Foreign language - Dutch

Final exams: assessment 3 tests for translation part : Translation test Revision test Recognition test (wrong – right answers) Strict guidelines for assessment of skills and B2 language-level (CEFR)  meeting and documents for assessors

Final exams: assessment 1 test for interpreting part : role play with Short consecutive (memory) Long consecutive (notes) Simultaneous whispering Sight translation Strict guidelines for assessment of skills and B2 language-level (CEFR)  meeting and documents for assessors

Namely … Assessment grids 1 for language assessor 1 for legal professional Guidelines to fill in the grids (very good – good – poor = ???) Overview of requirements of B2-language level (oral)

Namely … With similar scenarios in the role-plays X number of legal terms X number of ethical problems 4 intepreting skills tested

To obtain a valid and reliable screening Valid : the exam tests what it pretends to test namely legal knowledge, interpreting and translation skills) Reliable : same results if submitted several times) Not a normbased assessment but CRITERION based assessment: criterion = to have the necessary skills and knowledge to start the profession

So … Very few people enjoy being assessed, but if candidates feel the process is transparent and fair, then they will, with luck, regard it as a necessary experience. (Maxwell-Hyslop, H., (2011),BMT, 52-61)

Results 2000-2011 +/- 1500 candidates for the entrance exam +/- 600 start training +/- 500 successful Link with the court: inclusion on list of sworn translators and interpreters

In the court: : +/- 1000 people – 53 different languages Includes: List of sworn translators and interpreters In the court: : +/- 1000 people – 53 different languages Includes: Training Recommendation of Public Prosecutor’s Office Swearing in and signing of ethical code

OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders Case : Antwerp (Lessius) Conclusions Recommendations

Conclusions Provide without delay with interpretations (…) including during police questioning Adequate linguistic assistance Adequacy of interpretation/translation Fairness of proceedings Fair trial

ImPLI-objective = twofold 1. give institutes who train interpreters the opportunity to better understand the interviewing techniques developed by police, customs and prosecution  enhance training methods  OK 2. to inform police and prosecution officers about interpreting techniques and role to help them in their job  enhance questioning efficiency  OK??

Police academy New programme for police inspectors: 18 months (in stead of 12) Antwerp Police Academy is testcase Lobby: to have a module on interpreter mediated questioning, recruitment of professional interpreters, their role and code of ethics etc.

OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders Case : Antwerp (Lessius) Conclusions Recommendations

of interpreters and police Principal recommendations For trainers of interpreters and police ORGANIZE JOINT TRAINING MODULES FOR APPRENTICE POLICEMEN AND APPRENTICE INTERPRETERS (article 6 of the Directive)

Results (see example ImPLI video Antwerp): Extend it to … Other legal professionals to raise awareness on the importance of working with professional LITs Results (see example ImPLI video Antwerp): Professional attitude of the interpreter who knows how to behave after training & following his code of conduct Professional attitude of the police inspector who knows the role of the interpreter & knows how to act accordingly

https://dl.dropbox.com/u/87069413/ImPLI%20Lessius%20Final_MPEG%204%20DEF_01-09-2012%2800h06m04s-00h08m02s%29.mp4

Thank you for your attention!